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OLIGITOR 0FAMER1CANJ.F0REIGN PATENTS 



MAIN OFFICE 



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ILLUSTRITED 

MINUHL FOR INYENTORS 



HMERICilN MD FOREIGN 



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ETC. 



By Rudolph M, Hunter, M, E,, C, E, 



MSm OFFICES : 



901 ¥1LNUT STREET, PHILIDELPHIA, PA, 

ff'^' --^ ^ -" • ■■■■■■ 



PHILADELPHIA: 
Press of Burk & McFetridge, 304 Chestnut Street. 







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SECTIOI^T I. 



ENGINEERING. 



Mr. Rudolph M. Hukter, is a Consulting Engineer by pro- 
fession—a calling pre-eminently necessary to the carrying on of 
a successf^il Patent business. There are many so-called 
''practical engineers" who claim a great knowledge of the 
arts and sciences, and many of the above have entered 
the Patent Soliciting business. What are these practical 
engineers? The question is easily answered: they usually 
emerge as full-fledged " i^ractical engineers " from the ap- 
prentice's bench in some machine shop, and after learning the 
use of a vise, file, cold-chisel and hammer, they consider that 
they have sufficient knowledge to place themselves side by side 
with the engineer who has devoted the best part of his life to the 
close study and application of his profession, and who, after long 
years of study is honored with a diploma, certifying that he has 
made himself proficient in the arts and sciences. Such " practi- 
cal engineers " then, as a general rule, are not to be depended 
on with important work, inasmuch as they are incapable of 
comprehending or using the mathematical demonstrations and 
calculations, which no " true "engineer can afford to do without. 

Mr. Hunter has had large experience as a Designing and 
Constructing Engineer, superintending iron works, foundries 
and machine works, and in designing, modelling and erecting all 
kinds of machinery, and has devoted much time to " Iron and 
Steel, " as regards the chemical and physical phenomena of 
smelting the former, and the manufacture of the latter. 



4 



It is evident, without argument, that the calling or profession 
of a " true " engineer is almost indispensable in the perfect 
practice before the Patent Office, since a thorough knowledge, 
both theoretical and practical, of the arts and sciences is neces- 
sary to do justice to the inventor or client. 

It cannot be denied that an inventor feels a certain amount of 
satisfaction at finding that the attorney he engages takes in 
his invention at a glance, comprehends its advantages, its im- 
provements, and shows himself competent to draw up an intelli- 
gent specification and a strong series of claims. 

An attorney without a thorough knowledge of theoretical and 
applied Mechanics, Physics, Statics, Chemistry, Hydrostatics 
and Metallurgy, to say nothing of Geology, Botany, Astronomy, 
Surveying and Mathematics, is not the man an inventor should 
seek, for in no application for a patent does not one or more of 
the above sciences figure to some, and sometimes considerable 
extent. 

This then shows the advantage of Mr. Hunter's engineering 
qualifications over those who have not this scientific education, 
and also those self-styled Practical Engineers. A man wiio has 
not theory with his practice is not an engineer at all, and is not 
entitled to affix after his name the symbols of engineering. 

PRACTICE AS AN EXPERT. 

For some years past Mr. Hunter has been practicing as a Me- 
chanical Expert in the trial of Patent Causes before the Courts 
and Patent Office. This is one of the most difficult branches 
of the engineering profession, and few there are who ever 
attain any great standing in this branch, because those who 
profess to be Experts are generally those self-styled " practical 
engineers," whose highest education was the machinists' bench, 
and w^ho are totally ignorant of the higher calling of the pro- 
fession to the study of the aforementioned sciences. 

The first part of Mr. Hunter's business education was devoted 
to Patents and expert practice when he had charge of the Offices 
of Frank Millward, M. E. (now deceased) of Cincinnati. Mr, 



Millward was, without doubt, one of the finest Experts in the 
country, which was sliown by his being retained continually by 
the late Hon. Samuel S. Fisher, (former Commissioner of 
Patents,) Attorney at Law, whose record of cases and their 
decisions govern much of the litigation of the present day. 
Mr. Geo. Harding, the be&t counsel on patent law in the 
country, said of him, " Frank Millward, had he lived, would 
have made the best Expert in the country. " The same opinion 
was entertained of him by such men as Hon. D. P. Holloway of 
Washington, and Hon. J. M. Thacher of Chicago, (both were 
former Commissioners of Patents,) and many other prominent 
men of the country. This Expert was Mr. HimTER's counsel, 
and to him he gives all credit for the great help he gave him in 
this line of his practice. 

As an Expert, Mr. Hunter examines into the validity of pa- 
tents, infringement of one patent on another, of a machine on a 
patent, the patentability of an article or machine, the state of 
the art, etc., and gives affidavits and testimony in such cases as 
desired or required. 

Although experting is especially adapted for Patent Causes 
before the Courts, yet it also plays^ an important part in solicit- 
ing patents before the Patent Office, when the attorney is an 
Expert ; and an observing inventor will readily perceive the ad- 
vantage of engaging an " Expert " to prepare and prosecute his 
application for a patent before that Office. 



PRELIMINARY EXAMINATIONS. 

Inventors as a rule, after having spent much time, money 
and study to develop and perfect an invention, immediately 
assert, that it is new, and are very unwilling to be convinced 
that it has been anticipated ; and instead of making a prelimi- 
nary examination at a very small cost, if there be the slightest 
doubt as to its novelty, they hastily file an application for a 
patent at considerable expense, with no assurance that they 
will obtain anything worth calling a " Patent." 



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By a preliminary examination we mean, an examination of 
the files in the Patent Office of all patents in the class to which 
the invention relates, from their earliest date to the present day, 
exclusive of pending applications and caveats. This examina- 
tion shows an inventor what he is liable to conflict with should 
he file his application, and should he be anticipated it will save 
him the expense incurred in filing an application for a patent. 

It is easy enough to get a patent, but usually difficult to get 
a good sound set of claims attached to the seal, whence the value 
of a preliminary examination. 

In nearly all cases then, we advise the inventor to make or 
have made a preUminary examination, and follow the old pro- 
yerb— " be sure you are right, and then go ahead." 

It is often possible for us to refer at once to some reference 
which anticipates an invention, in which case we advise the 
inventor to save his money and time. 

Inventors sometimes think that, as Patent Attorneys, we 
ought to be ready at once to decide upon the novelty of the 
invention, but in this they err. It would be utterly impossible 
that we, or anyone else could keep such an immense stock of 
knowledge ever before our mind for the benefit of inventors, 
yet if it be in our power to save our client his money and time, 
by referring him at once to a reference which anticipates his 
invention, we gladly do so without charge. 

ATTORNEYS. 

The requirements of the Patent Office to grant a patent on an 
invention is, that there shall be some degree of utility and a 
small percentage of novelty. This being the case, it is very 
readily seen that in most any case a patent can be obtained, but 
it must not be imagined that such a patent is always of great 
value. This value of the patent depends greatly upon the skill 
of the attorney ; and, that inventors shall not be led off by vain 
promises and claims to the possession of greater facilities except 
capacity and diligence, the " Rules and Practice" of the Patent 
Office contain the following : '' As the value of patents depends 

" ~ ' 



largely upon the careful preparation of the specifications and claims^ 
the assistance of competent counsel tcill, in most cases, be of advan- 
tage to the applicant ; hut the value of their seiwices loill be propor- 
tionate to their skill and honesty, and too much care cannot be 
exercised in their selection. The Office cannot assume responsibility 
for the acts of attorneys, nor can it assist applicants in making 
selections. It icill, however, be unsafe to trust those who pretend to 
the possession of any facilities except capacity and diligence for pro- 
curing patents in a shorter time or with broader claims than others." 

A great snare to the inventor is the contingent-fee practice of 
some unscrupulous attorneys, wlio entice him to become their 
client by vaiu and deceiving promises of little cost until the 
patent is allowed. As we have said before, that it was not diffi- 
cult to obtain the patent, but the possession of the deed would 
not say that it was worth anything. 

These contingent-fee men, who have nothing to lose and 
everything to gain, will be satisfied to take " a drop in the bucket, 
when he was entitled to the bucketful" for the sake of getting 
the allowance of the application, and (better to his mind) the 
fees in the case. To inventors employing such attorneys we 
may say : " Blessed are they who expect nothing, for they shall 
not be disappointed." 

Our friend and patron, the late Hon. S. S. Fisher, (Commis- 
sioner of Patents,) was among the first to openly call the atten- 
tion of the public to these contingent-fee men, and in his Report 
of 1869 he says : " They are those who care for nothing but to give 
tJieir clients something called a patent, that they may secure their 
own fee, and who have in too many instances proved a curse ; to 
get rid of their clients and trouble, they have been sometimes content 
to take less than they were entitled to, while in many cases, they 
have with much self -laudation, presented them icith shadows when 
the substance teas beyond their reach." 

We think enough has been said to convince an inventor that 
he cannot be too careful in selecting an attorney to transact his 
business ; and that an attorney who is well versed in the great 
study of the arts and sciences pertaining to engineering, and 
which have been briefly enumerated on page 6, and who has 

L 



had both practical and theoretical knowledge on the construction 
and operation of machinery, etc., and who practices as an ex- 
pert, is far better qualified to attend to this business than the 
many machinists, clerks and lawyers who have entered its fold. 

WHO MAY OBTAIN A PATENT. 

A patent may be obtained by any person who has invented 
or discovered any new and useful art, machine, manufacture, 
or composition of matter, or any new and useful improvement 
thereof, not known nor used by others in this country, and not 
patented nor described in any printed publication in this or any 
foreign country, before his invention or discovery thereof, and 
not in public use or on sale for more than two years prior to 
his application, unless the same is proved to have been aban- 
doned ; and by any person wiio, by his own industry, genius, 
efforts, and expense, has invented and produced any new and 
original design for a manufacture, bust, statue, alto-relievo, or 
bas-relief ; any new and original design for the printing of 
woolen, silk, cotton, or other fabrics ; any new and original 
impression, ornament, pattern, print, or picture to be printed, 
painted, cast, or otherwise jjlaced on or worked into any article 
of manufacture ; or any new, useful, and original shape or 
configuration of any article of manufacture, the same not having 
been known nor used by others before his invention or pro- 
duction thereof, nor patented nor described in any printed pub- 
lication, upon payment of the fees required by law and other 
due proceedings had. 

In case of the death of the inventor, the application may be 
made by, and the patent will issue to, his executor or adminis- 
trator. In such case the oath will be made by the executor or 
administrator. 

The receipt of letters-patent from a foreign government will 
not prevent the inventor from obtaining a patent in the United 
States unless the invention shall have been introduced into 
public use in the United States more than two years prior to the 
application. But every patent for an invention which has teen 



10 



previously patented by the same iuveutor in a foreign country, 
will be so limited as to expire at the same time with the foreign 
patent, or, if there be more than one, at the same time with 
the one having the shortest unexpired term ; but in no case 
will it be in force more than seventeen years. 



If the inventor has had a preliminary examination made, and 
desires us to obtain a patent for his invention, or requests us to 
apply direct, we immediately prepare his case. 

Applications for letters-patent of the United States must be 
made to the Commissioner of Patents. A complete application 
comprises the petition, specification, oath, drawings, model, or 
specimen, when required. The application must be completed 
and prepared for examination within two years after the filing 
of the petition ; and in default thereof, or upon failure of the ap- 
plicant to prosecute the same within two years after any action 
thereon, of which notice shall have been duly mailed to him or 
his agent, it will be regarded as abandoned, unless it shall be 
shown, to the satisfaction of the Commissioner, tliat such delay 
was unavoidable. 



THE SPECIFICATION. 

We have before spoken of the value of a clear and explicit 
specification, and the knowledge required by the attorney to 
prepare such, hence we shall now merely speak of the require- 
ments of the specification. 

The specification is a written description of the invention or 
discovery, and of the manner and process of making, construct- 
ing, compounding, and using the same, and is required to be in 

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such full, clear, concise, and exact terms as to enable any per- 
son skilled in the art or science to which it appertains, or with 
which it is most nearly connected, to make, construct, com- 
pound, and use the same. 

In applications for patents upon mere improvements, the 
specification must particularly point out the parts to which the 
improvement relates, and must by explicit language distinguish 
between what is old and what is claimed as the improvement ; 
and in such cases the description and the drawings, as well as 
the claims, should be confined to the specific improvements and 
s-uch parts as necessarily co-operate with them. 

Every applicant must distinctly state, under oath, whether the 
invention has been patented to himself or to others with his con- 
sent or knowledge in a foreign country, and, if it has been, 
that, according to his knowledge and belief, the same has not 
been in public use in the United States for more than two years 
prior to the application in this country ; and he must also name 
such foreign country and set forth the number and date of the 
patent. 

Two or more independent inventions cannot be claimed in 
one application ; but where several distinct inventions are de- 
pendent upon each other and mutually contribute to produce a 
single result, they may be claimed in one application. 

If several inventions, claimed in a single application, shall be 
found to be of such a nature that a single patent may not be 
issued to cover them, the inventor will be required to limit the 
description and claim of the pending application to whichever 
invention he may elect ; the other inventions may be made the 
subjects of separate applications, which must conform to the 
rules applicable to original applications. If the indepen- 
dence of the inventions be clear, such limitations will be m ade 
before any action upon the merits ; otherwise it may be made 
at any time before final action thereon, in the discretion of the 
examiner. 

When an applicant makes two or more apjjlications relating 
to the same subject-matter of invention, all showing, but only 
one- cl«;iming, the same thing, those not claiming it must 



12 



1^ ^ 

contain disclaimers thereof, witli references to the applications 
claiming it. 

The specification must be signed by the inventor or by his 
executor or administrator, and the signature must be attested by 
two witnesses. Full names must be given, and all names, 
whether of applicants or witnesses, must be legibly written. 

An invention may be novel and useful, but a patent on such 
an invention, if not properly prepared, as regards the specifica- 
tion, claims and drawings, may be perfectly worthless. Owing 
to the great number of patents issued which are positively 
valueless, the Patent Office published the following : 

^^ As the value of patents depends largely upon the careful prepa- 
ration of the specifications and claims^ the assistance of competent 
counsel icill, in most cases, be of advantage to the applicant; but 
the value of their services will be proportionate to their skill and 
honesty J and too much care ca7inot be exercised in their selection.'' 

No one can know the value of, describe and prepare the 
claims of an invention, better than a "true" engineer and 
expert, who has devoted his life to patent business. 

THE CLAIMS. 

The claims follow immediately after the specification, and 
are the subject-matter which mainly governs the strength and 
value of the patent. It is hardly needful of remark here, that 
an attorney uneducated in the arts, scientific and technical 
studies, cannot clearly understand the improvements, and what 
are the valuable points of the invention unless it be very simple. 
When the invention lies in metallurgy, physics, chemistry or 
medical appliances, there are very, very few attorneys who 
could draw up even a comprehensive specification and claims, to 
say nothing of giving strength and value to the same. Hence 
we feel justified in again referring you to the remarks on 
page 8. 

The specification must conclude with a specific and distinct 
claim or claims of the part, improvement, or combination which 
the applicant regards as his invention or discovery. 



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THE OATH. 

The applicant, if the inventor, must make oath or affirmation 
that he does verily believe himself to he the original and first 
inventor or discoverer of the art, machine, manufacture, com- 
position, or improvement for which he solicits a patent, and that 
he docs not know and does not believe that the same was ever 
before known or used ; and shall state of what country he is a 
citizen, and where he resides. An applicant for reissue must 
also, in his oath, state that he verily believes the original patent 
to be inoperative or invalid, either by reason of a defective or 
insufficient specification, or by reason of the patentee claiming 
as his own invention or discovery more than he had a right to 
claim as new, and that the error arose by inadvertence, acci- 
dent, or mistake, and without any fraudulent or deceptive 
intention. 

If the application be made by an executor or administrator, 
the form of the oath will be correspondingly changed. The 
oath or affirmation may be made before any person within the 
United States authorized by law to administer oaths, or, when 
the applicant resides in a foreign country, before any minister, 
charge d'affaires, consul, or commercial agent holding commis- 
sion under the government of the United States, or before any 
notary public of the foreign country in which the applicant may 
be, the oath being attested in all cases, in this and other coun- 
tries, by the proper official seal of the officer before whom the 
oath or affirmation is made. 

THE DRAWINGS. 

The applicant for a patent is required by law to furnish a 
drawing or drawings of his invention where the nature of the 
case admits of it. 

The drawings attached to the application for a patent are 
usually looked upon by the attorney as of secondary importance. 
A greater mistake was never made. In many law suits the 



14 









F. (inidiiuut. 



[I^jladelfi^i 



complainant or defendant has often lost his case for want of 
drawings explicit in detail, attached to his patent. Nothing 
sets off a patent so well, makes it clear of comprehension, and 
invariabl}^ produces the sale of the same, as a good set of draw- 
ings finely executed. Fine drawings attached to an application 
always induces an examiner to take more interest in the hiven- 
tion, for, after examining the wretched scralls, called by some, 
drawings, his eyes turn with pleasure on the neatly and finely 
executed drawings accompanying our applications. Before the 
drawings are sent to the Patent Office, we reproduce them by 
the Heliographic process, and the duplicate we file with the 
other copies taken from the application, to be used when neces- 
sary in arguing or amending the case before the Office when the 
originals are no longer in our possession. This is wri/ impor- 
tant, yet very few attorneys do it owing to the expense. 



FOR FINELY FINISHED DRAWINGS WE ARE OPEN 
TO COMPETITION WITH THE WORLD. 



To show that fine drawings are appreciated by the Patent 
Office officials, to say nothing of outsiders, we refer you to the 
following letters, among others, from Hon. D. P. Holloway, 
late Commissioner of Patents, and Hon. J. M. Thacher, former 
Commissioner of Patents, written to Mr. Huntee, at whose 
Western Offices drawings for them were made by his assistants, 
under his immediate supervision; 

Washington^ D. C. 
Mr. B. M. Hunter : 

Sir: — I cheerfully commend you to all %ohom it may 
concern^ as a draughtsman of superior expertness. In my opinion 
the draicings you have made for the Patent Office were equal in 
every respect to those furnished by any other person. 

Truly Tours, 

D. P. HOLLOWAY, 
Late Commissioner of Patents. 
♦ '^ 

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^ ^4^ 

Chicago, Illinois. 
B, 31. Hunter, Esq : 

We believe your drawings have been amoiig the 
best filed in the Patent Office, and in fact have hea.rd favorable 
criticisms from Patent Office Officials to this effect. We cheerfully 
recommend Mr. Hunter to any one having work of this kind to per- 
form, as a THOROUGHLY SKILLED drctiightsraan. 

COBUE>^ Sl THACHER. 

OOBIJRN, ThACHER, 

Attorney at Laic. Late Commissioner of Patents. 



When Mr. Thacher joined Mr. Cobiirn in partnership he 
discharged his draughtsmen, and had al) of his drawings pre- 
pared at Mr. Hunter's Chicago Offices. Nearly all the Chicago 
Patent firms did the same. 

Hon. Samuel S. Fisher, (late Commissioner of Patents,) ap- 
preciating the skill shown in the drawings attached to patents 
obtained by Mr. Hunter, sent all of his cases to Mr. Hunter's 
Cincinnati Offices to have the necessary drawings, etc., executed 
under his direction. 

Phototypes by F. Outekunst, of Pliiladelphia, of some of the 
ordinary drawings made at this estabUshment are distributed 
through this book, and as they are fac-similes of the drawings 
themselves, line for line, only reduced, the public can judge for 
themselves the finish which is given to drawings emerging from 
these Offices. 

The reason that drawings from tins establishment were not 
given to the public, as samples to copy after was simply this. 
Rule 50 of the "Practice" contains the following : 

" All lines must be clean, sharp, and solid, and they must not be 
too fine or crowded. Surface siiading, when used, should be 
open. Sectional shading should be made by oblique parallel 
lines, which may be about one-twentieth of an inch apart. 

" Drawings should be made with tlie fewest lines possible con- 
sistent with clearness. By the observance of this rule the efl^ec- 
tiveness of the work after reduction will be much increased. 
Shading (except on sectional views) should be used only on 
convex or concave surfaces, wliere it should be used sparingly, 

" Te 



and may even there be dispensed with if the drawing is other- 
wise well executed." 

From these extracts it is readily seen that owing to the greater 
number of drawings sent to the Patent Office being scralls, 
indicating that the majority of draughtsmen cannot use the 
drawing tools in an expert manner, the Patent Office is obliged 
to require the drawings to be made open, no shading to any 
extent, and no fine lines ; for were a poor draughtsman to 
try to shade a Patent Office drawing, it would be an utter im- 
possibility for the examiner to understand it, or for the photo- 
lithographer to reproduce it. 

The Patent Office, in the following rule, advise inventors to 
employ skilled draughtsmen : 

A2Jplicants are advised to employ cmnpetent artists to make their 
draicings. 

Several advantages of having good drawings are set out in 
Rule 50, of "Practice," without commenting on them : 

"Three several editions of patent-drawings are printed and 
published : one for office use, certified copies, etc., of the size 
and character of those attached to patents, the work being 
about 6 by 9>^ inches ; one reduced to half that scale, or one- 
fourth the surface, of which four will be printed on a page to 
illustrate the volumes distributed to the courts ; and one reduc- 
tion — to about the same scale— of a selected portion of each 
drawing, to illustrate the Official Gazette." 

We have special facilities for producing drawings, in which 
our Photographic and Heliographic departments figure most, as 
set forth in the final pages of this book. 

We have also facilities for making worl^ing drawing for the 
construction of machines. 

"our WORK SPEAKS FOR ITSELF." 

MODELS. 

The following paragraphs govern the requirements of models 
and specimens. We would advise all inventors to have their 
owm models made, bat where it is impracticable for them to do 



17 



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so, we will have them made by our model-maker, under our 
strict supervision, and at actual cost : 

In all cases which admit of representation by model, the 
applicant, if required, shall furnish a model to exhibit advan- 
tageously the several parts of his invention or discovery. 

The model must clearly exhibit every feature of the machine 
which forms the subject of a claim of invention, but should not 
include other matter than that covered by the actual invention 
or improvement, unless it is necessary to the exhibition of the 
invention in a working model. 

The model must be neatly and substantially made, of durable 
materia], metal being deemed preferable ; but when a material 
forms an essential feature of the invention, the model will be 
constructed of that material. The model must not be more 
than one foot in length, width or height, except in cases in 
which the Commissioner shall admit working models of compli- 
cated machines of larger dimensions. If made of wood, it must 
be painted or varnished. Glue must not be used ; but the parts 
should be so connected as to resist the action of heat or moisture. 
Where practicable, to prevent loss, the model or specimen should 
have the name of the^inventor permanently fixed thereon. In 
cases where models are not made strong and substantial, as here 
directed, the application will not be examined until a proper 
model is furnished. 

A working model is often desirable, in order to enable the 
Office fully and readily to understand the precise operation of 
the machine. 

SPECBMENS. 

When tlie invention or discovery is a composition of matter, 
the applicant, if required by the Commissioner, shall furnish 
specimens of the composition, and of its ingredients, sufficient 
in quantity for the purpose of experiment. In all cases where 
the article is not perishable a specimen of the composition 
claimed, put up in proper form to be preserved by the Office, 
must be furnished. 



The Application before tine Patent 

Office. 

All cases in the Patent Office are classified and taken up for 
examination in regular order, those in the same class being 
examined and disposed of, as far as practicable, in the order in 
which the respective applications are completed. 

The first step in the examination of an application will be to 
determine whether it is, in all respects, in proper form. If, 
however, the objections as to form are not vital, the examiner 
may proceed to the consideration of the application on its 
merits ; but in such case he must, if possible, in his first letter 
to the applicant, state all his objections, whether formal or 
otherwise, and until the formal objections are disposed of no 
further action will be taken upon its merits without the order 
of the Commissioner. 

The contingent-fee men consider that as soon as the applica- 
tion is filed they have ended their work, but with us the real 
work then begins. We do not profess to have greater facilities 
to push a case through the Patent Office than that due to dili- 
gence, capacity and skill. The Commissioner of Patents warns 
inventors to beware of those who profess other facilities. He 
says: ^^ It will, hoioever, be unsafe to tnist those who pretend to 
the possession of any facilities, excep)t capacity and diligence for 
procuring 2^ate?its in a shorter time or with broader claims than 
others.'' 

. When an attorney is honorable and does his best for his 
client, the examiners respect him, and naturally he has a better 
standing before the Patent Office, which, of course, helps him 
prosecute his clients' interest with more effect. 

After the application lias been examined, it is either rejected 
or allowed. If rejected on one or more claims, the references to 
them are sent to us, and if we do not consider that they meet 
the claim, we file an argument to that effect setting forth the 
differences, etc., or we may amend them whereby the strength 



19 



of the claim is not diminisiied, but the references "become no 
longer pertinent. If the examiner again rejects the unaltered 
claims we may appeal to a higher tribunal. We are at liberty 
to amend a claim as often as the examiner rejects it, so long as 
the subject-matter is materially altered. When we are positive 
that the reference does not meet the claim the appeal is the best 
course for the inventor to pursue. 

Should the application be allowed we are at once notified, and 
due notice of such allowance is immediately sent to the inventor. 

Now the inventor has the liberty of either ordering the patent 
to issue at once, or of allowing it to remain in the secret archives 
of the Patent Office (where it is substantially in the same posi- 
tion as a caveat), for the purpose of applying for a foreign 
patent, (note Section II) before his invention is published in this 
country, but this delay must not be longer than five months and 
nine days from the date of allowance, or the case will be con- 
sidered abandoned. 

If, on examination, it shall appear that the applicant is justly 
entitled to a patent under the law, a notice of allowance will be 
sent him, calling for the payment of the final fee, upon the 
receipt of which, within the time fixed by law, the patent will 
be prepared for issue. 

After notice of the allowance of an application is given, the 
case will not be withdrawn from issue except by approval of 
the Commissioner, and if withdrawn for further action on the 
part of the Office, a new notice of allowance will be given. 

DATE, DURATION AND FORM OF 
PATENTS. 

Every patent will bear date as of a day not later than six 
months from the time at which the application was passed and 
allowed, and notice thereof was mailed to the applicant or his 
agent, if within that period the final fee be paid to the Com- 
missioner of Patents, or if it be paid to the treasurer, or any of 
the assistant treasurers, or designated depositaries of the 
United States, and the certificate promptly forwarded to the 



20 



Commissioner of Patents ; and if tlie final fee be not paid 
within tliat period, the patent will he withheld. 

A patent will not be antedated. 

Every patent will contain a short title of the invention or dis- 
cover}^, indicating its nature and object, and a grant to the 
patentee, his heirs and assigns, for the term of seventeen years, 
of the exclusive right to make, use, and vend the invention or 
discovery throughout the United States and the Territories 
thereof. But if the invention shall have been previously 
patented abroad, the term of the patent will expire with the 
term of the foreign patent. The duration of a design patent 
may be for the term of three and a-half, seven, or fourteen years. 
A copy of the specification and drawings will be annexed to the 
patent and form part thereof. 

DELIVERY OF PATENT. 

When a patent is received, w^e place it in a fine morocco case, 
especially designed and manufactured for us. This always 
allows the inventor to carry his patent with him without injury, 
and he is always pleased to take it out to show his friends. 

ABANDONED, FORFEITED, AND RE- 
NEWED APPLICATIONS. 

An abandoned application is one which has not been com- 
pleted and prepared for examination within tw^o years after the 
filing of the petition, or w^hich the applicant has failed to prose- 
cute wathin two years after any action therein, of which notice 
has been duly given, or which the applicant has expressly 
abandoned by filing, in the OfBce, a written declaration of 
abandonment, signed by himself, identifying his application by 
title of invention and date of filing. 

Prosecution of an application, to save it from abandonment, 
must include such proper action as the conditions of the case 
may require. 



21 



\ 



When a new application is filed in place of an abandoned or 
rejected application, a new specification, oath, drawing, and fee 
will be required, but the old model, if suitable, may be used. 

A forfeited application is one upon which a patent has been 
withheld for failure to pay the final fee within the prescribed 
time. 

Where the patent has bee)i withheld by reason of non-pay- 
ment of the final fee, any person, whether inventor or assignee, 
who has an interest in the invention for which such patent was 
ordered to issue, may file a new application for the same inven- 
tion ; but such second application must be made within two 
years after the allowance of the original application. Upon the 
hearing of such new application, abandonment will be consid- 
ered as a question of fact. 

We pay particular attention to all mismanaged applications 
which have become abandoned, forfeited, or not properly 
attended to by other attorneys. 

EXTENSIONS. 

Ko patent granted since March 2, 1861, can be extended 
except by Act of Congress. 

CAVEATS. 

A caveat, under the patent law, is a notice given to the Office 
of the caveator's claim as inventor, in order to prevent the grant 
of a patent to another for the same alleged invention upon an 
application filed during the life of the caveat without notice to 
the caveator. 

Any citizen of the United States who has made a new inven- 
tion or discovery, and desires further time to mature the same, 
may file in the Patent Office a caveat setting forth the object 
and the distinguishing characteristics of the invention, and 
praying protection of his right until he shall have matured his 
invention. Such caveat shall be filed in the confidential archives 
of the Office and preserved in secrecy, and shall be operative for 
the term of one year from the filing thereof. 



22 



An alien has the same privilege, if he has resided in the 
United States one year next preceding the filing of his caveat, 
and has made oath of his intention to become a citizen. 

The caveat must comprise a specification, oath, and, when the 
nature of the case admits of it, a drawing, and, like the appli- 
cation must be limited to a single invention or improvement. 

The same particularity of description is not required in a 
caveat as in an application for a patent ; but the caveat must 
set forth the object of the invention and the distinguishing 
characteristics thereof, and it should be sufficiently precise to 
enable the Office to judge whether there is a probable interfer- 
ence when a subsequent application is filed. 

When practicable, the caveat should be accompanied by full 
and accurate drawings, separate from the specification, well 
executed on tracing muslin or paper that may be folded. 

If at any time within one year after the filing or renewal of a 
caveat another person shall file an application with which such 
caveat would in any manner interfere, and if, within the year, 
the application shall be found patentable, then such application 
will be suspended, and notice thereof will be sent to the person 
filing the caveat, who, if he shall file a complete application 
within the prescribed time, will be entitled to an interference 
with the previous application, for the purpose of proving pri- 
ority of invention, and obtaining the patent, if he be adjudged 
the prior inventor. The caveator if he would avail himself of 
his caveat, must file his application within three months from the 
expiration of the time regularly required for the transmission to 
him of the notice deposited in the post-office at Washington ; 
and the day when the time for filing expires will be mentioned 
in the notice or endorsed thereon. 

The caveator will not be entitled to notice of any application 
pending at the time of filing his caveat, nor of any application 
filed after the expiration of one year from the date of the filing 
or renewal thereof. The caveat may be renewed by the pay- 
ment of a second caveat fee, and it will continue in force for 
one year from the payment of such second fee, and so on from 
year to year for not more than two years. If a caveat be not 



23 



renewed, it will still be preserved in the secret archives of the 
Office. 

A caveat confers no rights and alfords no protection except as 
to notice of an interfering application filed durin«- its life, giving 
the caveator the opportunity of proving priority of invention if 
he so desires. It may be used as evidence in contests. 

DESIGN PATENTS. 

A patent for a design may be granted to any person, w^hether 
citizen or alien, who, by his own industry, genius, efforts and 
expense, has invented and produced any new and original 
design for a manufacture, bust, statue, alto-relievo, or bas- 
relief ; any new and original design for the printing of woolen, 
silk, cotton or other fabrics ; any new and original impression, 
ornament, pattern, print or picture to be printed, painted, cast 
or otherwise placed on or worked into any article of manufac- 
ture ; or any new, useful and original shape or configuration of 
any article of manufacture, upon payment of the duty required 
by law, and other due proceedings had, as in other cases of in- 
ventions or discoveries. 

Patents for designs are granted for the term of three and one- 
half years, or for seven years, or for fourteen years, as the ap- 
plicant may, in his application, elect. 

The proceedings in applications for patents for designs are 
substantially the same as in applications for other patents. 
The specification must distinctly point out the characteristic 
features of the design, and carefully distinguish between what 
is old and what is believed to be new. The claims also, when 
the design admits of it, should be as distinct and specific as in 
the case of other patents. 

Whenever a photograph or an engraving is employed to illus- 
trate the design it must be mounted upon Bristol-board, 10 by 15 
inches in size, and properly signed and witnessed. The appli- 
cant will be required to furnish ten extra copies of such photo- 
graph or engraving (not mounted), of a size not exceeding 73^ 
inches by 11. Negatives are not required. 



24 



^h 

Whenever the design is represented by a drawing made to 
conform to the rales laid down for drawings of mechanical in- 
ventions but one copy need be furnished. Additional copies 
will be supplied by the photo-lithographic process at the expense 
of the Office. 

The cost of design patents is much less than functional 
patents. 

TRADE MARKS. 

Any person or firm domiciled in the United States, and any 
corporation created by the authority of the United States, or of 
anj' State or Territory thereof, and any person, firm, or corpo- 
ration resident of or located in any foreign country which, by 
treaty or convention, affords similar privileges to citizens of the 
United States, and who are entitled to the exclusive use of any 
lawful trade mark, or who intend to adopt and use any trade 
mark for exclusive use within the United States, may obtain 
protection for such lawful trade mark by complying with the 
following requirements, to w^it : 

First. By causing to be recorded in the Patent Office the 
names of the parties, and their residences and place of business, 
who desire the protection of the trade mark. 

Second. The class of merchandise and the particular descrip- 
tion of goods comprised in such class, by which the trade mark 
has been or is intended to be appropriated. 

Third. A description of the trade mark itself, with twelve fac- 
similes thereof, and the mode in which it has been or is intended 
to be applied and used. 

Fourth. The length of time, if any, during which the trade 
mark has been used. 

Fifth. The filing of a declaration, under the oath of the per- 
son, or of some member of the firm or officer of the corporation, 
to the effect that the party claiming protection for the trade 
mark has a right to the use of the same, and that no other per- 



25 



son, firm or corporation has a right to such use, either in the 
identical form or having such near resemblance thereto as might 
he calculated to deceive, and that the description and fac- 
similes presented for record are true copies of the trade mark 
sought to he protected. The oath must also state the citizen- 
ship of the person desiring registration. 

The petition asking for registration should he accompanied 
with a distinct statement or specification, setting forth the 
domicile and residence of the applicant, the length of time the 
trade mark has been used, the mode in which it is intended to 
apply it, and the particular description of goods comprised in 
the class hy which it has heen appropriated, and giving a full 
description of the design proposed, particularly distinguishing 
between the essential and the non-essential features thereof. 

The protection for such trade mark will remain in force for 
thirty years, and may, upon the payment of a second fee, be 
renewed for thirty years longer, except in cases where such 
trade mark is claimed for, and applied to, articles not manu- 
factured in this country, and in which it receives protection 
under the laws of any foreign country for a shorter period, in 
which case it shall cease to have force in this country, by virtue 
of the registration, at the same time that it becomes of no effect 
elsewhere. 

No proposed trade mark will he received or recorded which 
is not and cannot become a lawful trade mark, or which is 
merely the name of a person, firm or corporation only, unac- 
companied by a mark sufficient to distinguish it from the same 
name when used by other persons, or which, is identical with a 
trade mark appropriate to the same class of merchandise and 
belonging to a different owner, and already registered or re- 
ceived for registration, or which so nearly resembles such last- 
mentioned trade mark as to be likely to deceive the public ; but 
any lawful trade mark rightfully used at the time of the passage 
of the act relating to trade marks (July 8, 1870), may be 
registered. 

In case of conflicting applications for registration, the Office 
reserves the right to declare an interference, in order that the 

Te 



• — » M ♦ 

parties may have opportunity toi prove priority of adoption or 
right ; and the proceedings on such interference will follow, 
as nearly as practicable, the practice in interferences upon ap- 
plications for patents. 

Where the trade mark can he represented by a fac-simile 
which conforms to the rules for drawings of mechanical patents, 
such a drawing may be furnished by applicant, and the addi- 
tional copies will be produced by the photo-lithographic pro- 
cess, at the expense of the Office. 

The right to the use of any trade .mark is assignable by any 
instrument of writing, and such assignment must be recorded 
in the Patent Office within sixty days after its execution, in 
default of which it shall be void as against any subsequent pur- 
chaser or mortgagee for a valuable consideration, without 
notice. The fees will be the same as are prescribed for record- 
ing assignments of patents. 



REGISTRATION OF PRINTS AND 
LABELS. 

"By an act of Congress entitled, "An act to amend the law 
relating to patents, trade marks and copyrights," approved 
June 18, 1874, (to take effect on and after the 1st day of August, 
1874), it is provided in the 3d Section thereof, that certain prints 
and labels may be registered in the Patent Office. 

Sec. 3. That in the construction of this act, the words 
"engraving," "cut," and "print" shall be applied only to pic- 
torial illustrations or works connected with the fine arts, and 
no prints or labels designed to be used for any other articles of 
manufacture shall be entered under the copyright law, but may 
be registered in the Patent Office. And the Commissioner of 
Patents is hereby charged with the supervision and control of 
the entry or registry of such prints or labels, in conformity with 
the regulations provided by law as to copyright or prints, 
except that there shall be paid for recording the title of any 
print or label, not a trade mark, six dollars, which shall cover 



27 



-^ 



^ ,^^ 

the expense of furnishing a copy of the record under the seal of 
the Commissioner of Patents, to the party entering the same. 

Sec. 4. Tliat all laws and parts of laws inconsistent with the 
foregoing provisions be and the same are hereby repealed. 

Sec. 5. That this act shall take effect on and after the first 
day of August, eighteen hundred and seventy-four. 

By the word ''print," as used in the said act, is meant any 
device, picture, word or words, figure or figures, not a trade 
mark), impressed or stamped directly upon the articles of 
manufacture, to denote the name of the manufacturer or place 
of manufacture, style of goods, or other matter. 

By the word " label," as therein used, is meant a slip or piece 
of paper, or other material, to be attached in any manner to 
manufactured articles, or to bottles, boxes, and packages con- 
taining them, and bearing an inscription, (not a trade mark), 
as, for example :_the name of the manufacturer or the place of 
manufacture, the quality of goods, directions for use, &c. 

By the words "articles of manufacture "—to which such print 
or label is applicable Ly said act — is meant all vendible commo- 
dities produced by hand, machinery or art. 

But no such print or label can be registered unless it properly 
belongs to an article of commerce, and be as above defined ; 
nor can the same be registered as such print or label when it 
amounts to a lawful trade mark. 

To entitle the owner of any such print or label to register the 
same in the Patent Office, it is necessary that five copies of the 
same, with proper title affixed, be filed, one of which copies shall 
be certified under the seal of the Commissioner of Patents, and 
returned to the registrant. 

The certificate of such registration will continue in force for 
twenty-eight years. 

NOTE. 

The registration of copyright matter is, by law^, under the 
control of the Librarian of Congress at Washington. At the 
time of the enactment of the trade mark law of July 8, 1870, 
it was the custom of the Librarian of Congress to enter, under 

. I 



I 



the provisions of tlie copyright law, labels and prints of com- 
merce, many of which embraced legal trade marks. Notwith- 
standing the existence of a separate statute in 1870 for the 
registration of trade marks, the Librarian of Congress, in 
entering labels and prints of commerce, gave a semblance of 
protection to many trade marks, of which the labels and prints 
entered by him were the mere vehicles. To remedy this diffi- 
culty was the object of the amendment to the copyright law of 
June 18, 1874, referred to herein as the act for the registration 
of prints and labels. By this amendatory act the Librarian of 
Congress is restricted, in the registry of copyright matter, to 
pictorial illustrations or works connected with the fine arts, and 
is prohibited from registering labels or prints designed to be 
used for any other articles of manufacture, ^. e., articles of com- 
merce. These are now registrable at the Patent Office ; while 
matter properly coming within the definition of copyright sub- 
ject-matter, as contained in the act of June 18, 1874, is regis- 
trable at the office of the Librarian of Congress. 

COPIES OF PATENTS. 

Fac-simile i3rinted copies of the drawings and specifica- 
tions of any patent issued since November 20, 1866, can be had 
at a cost of fifty cents. When ordering, send us the name of the 
patentee, invention, and number and date of the patent. 

REISSUES. 

Owing to the practice of attorneys without character, or by 
inadvertence or mistake, many of the patents wiiich are issued 
are invalid and valueless. The Law provides in such cases that 
the invalid patents may be reissued, which signifies tha^a new 
patent will be granted upon the surrender of the old one, and 
that in obtaining the reissue the inventor is at liberty to cor- 
rect any error made in the original patent either in the specifica- 
tion or claim. 



29 



.J: 



These reissue applications require much careful thought on 
the part of the attorney, and necessitates that the attorney in 
most cases be well versed in the arts and sciences to prosecute 
the same with a clear understanding. 

If inventors would be particular as to the attorneys they en- 
gage to obtain the original patent, the necessity of reissuing 
the same will be obviated. 

A reissue is granted to the original patentee, his legal rep- 
resentatives, or the assignees of the entire interest, when, by 
reason of a defective or insufficient specification, or by reason 
of the patentee claiming as his invention or discovery more than 
he had a right to claim as new, the original patent is inopera- 
tive or invalid, provided the error has arisen from inadvertence, 
accident, or mistake, and without any fraudulent or deceptive 
intention. In the cases of patents issued and assigned prior to 
July 8, 1870, the applications for reissue may be made by the 
assignees ; but, in the cases of patents issued or assigned since 
that date, tlie applications must be made and the specification 
sworn to by the inventors, if they be living. 

The petition for a reissue must be accompanied with a certi- 
fied copy of the abstract of title, giving the names of all as- 
signees owning any undivided interest in the patent ; and in 
case the application is made by the inventor, it must beaccom- 
panied with the written assent of such assignees. 

No new matter shall be introduced into the reissue specifica- 
tion, nor in case of a machine shall the model or drawings be 
amended except each by the other; but, when there is neither 
model nor drawing, amendments may be made upon proof satis- 
factory to the Commissioner that such new matter or amendment 
was a part of the original invention, and was omitted from the 
specification by inadvertence, accident, or mistake. 

The Commissioner may, in his discretion, cause several patents 
to be issued for distinct and separate parts of the thing patented, 
upon demand of the applicant, and upon payment of the re- 
quired tee for each division of such reissued letters-patent. 

The application for a reissue must be accompanied by a sur- 
render of the original patent, or, if that is lost, by an affidavit 



30 



to that effect and a certified copy of the patent ; but if a reissue 
be refused, the original patent will, upon request, be returned 
to the applicant. 

Matter which is shown and described, and might have been 
lawfully claimed, in an unexpired patent, but was not claimed 
by reason of a defect or insufficiency in the specification, arising 
from inadvertence, accident, or mistake, and without fraud or 
deceptive intent, cannot be subsequently claimed by the patentee 
in a separate patent, but only in a reissue of the original patent. 

ASSIGNMENTS. 

Every patent or any interest therein shall be assignable inlaw 
by an instrument in writing ; and the patentee or his assigns or 
legal representatives may, in like manner, grant and convey an 
exclusive right under his patent to the whole or any specified 
part of the United States. 

Interests in patents may be vested in assignees, in grantees 
of exclusive sectional rights and mortgagees, and in licensees. 

(1.) An assignee is a transferee of the whole interest of 
the origina] patent, or of an undivided part of such whole 
interest, extending to every portion of the United States. The 
assignment must be written or printed and duly signed. 

(2.) A grantee acquires by the grant the exclusive right, 
under the patent, to make and use, and to grant to others 
the right to make and use, the thing patented, within and 
throughout some specified part of the United States, exclud- 
ing the patentee therefrom. The granA must be written or 
printed and duly signed. 

(3.) A mortgage must be wTitten or printed and duly 
signed. 

(4. ) A licensee takes an interest less than or different from 
either of the others. A license may be oral, or written or 
printed and duly signed. 



31 



-t 



■♦-^l- 



An assignment, grant, or conveyance will be void as against 
any subsequent purchaser or mortgagee for a valuable con- 
sideration, without notice, unless recorded in the Patent Office 
within three months from the date thereof. 

No instrument will be recorded which does not, in the judg- 
ment of the Commissioner, amount to an assignment, grant, 
mortgage, lien, encumbrance, or license, or affect the title of 
the patent or invention to which it relates. 

In every case where it is desired that the patent shall issue to 
an assignee, the assignment must be recorded in the Patent 
Office at a date not later than the day on which the final fee is 
paid. Tlie date of the record is the date of the receipt of the 
assignment at the Office. 

INTERFERENCES. 

An interference is a proceeding instituted for the purpose of 
determining the question of priority of invention between two 
or more parties claiming substantially the same patentable in- 
vention. The fact that one of the parties has already obtained 
a patent will not prevent an interference ; for, although the 
Commissioner has no power to cancel a patent, he may grant a 
patent for the same invention to another person who proves 
himself to be the prior inventor. 

Interferences will be declared in the following cases, when 
all the parties claim substantially the same patentable invention : 

(1.) Between two or more original applications. 

(2.) Between an original application and an unexpired 
patent, when the applicant, having been rejected on the 
patent, shall file an affidavit showing that he made the in- 
vention before the patentee's application was filed. 

(3.) Between an original application and an application 
for the reissue of a patent granted during the pendency of 
such original application. 

(4.) Between an original application and a reissue appli- 
cation, when the original applicant shall file an affidavit 



32 



showing that he made the invention before the patentee's 
original application was filed. 

(5.) Between two or more applications for the reissue of 
patents granted on applications pending at the same time. 

(6.) Between two or more applications for the reissue of 
patents granted on applications not pending at the same 
time, when the applicant for reissue of the later patent 
shall file an affidavit showing that he made the invention 
before the application on w^hich the earlier patent was 
granted was filed. 

(7.) Between a reissue application and an unexpired 
patent, if the original applications were pending at the 
same time, and the reissue applicant shall file an affidavit 
showing that he made the invention before the original 
application of the other patentee was filed. 

(8.) Between an application for reissue of a later unex- 
pired patent and an earlier unexpired patent granted before 
the original application of the later patent was filed, if the 
reissue applicant shall file an affidavit showing that he made 
the invention before the original application of the earlier 
patent was filed. 

An applicant involved in an interference may, before the date 
fixed for the filing of his statement, in order to avoid the con- 
tinuance of the interference, disclaim, over his own signature, 
attested by two witnesses, the invention of the particular matter 
in issue, and upon such disclaimer and the cancellation of any 
claims involving such interfering matter, judgment shall be 
rendered against him, and the disclaimer shall be embodied in 
and form part of his specification. 

Each party to the interference will be required to file a con- 
cise statement, under oath, showing the date of his original con- 
ception of the invention, of its illustration by drawing or model, 
of its disclosure to others, of its completion, and of the extent of 
its use. The parties will be strictly held in their proof to the 
dates set up in their statements. The statement must be sealed 



33 



up before filing (to be opened only by the examiner of inter- 
ferences), and the name of the iDarty filing it, the title of the 
case, and the subject of the invention indicated on the envelope. 
The statements shall not be open to the inspection of the oppo- 
sing parties until both shall have been filed, or the time for filing 
both with s^nj extension thereof shall have expired, nor then, 
nnless they have been examined by the proper officer and found 
to be satisfactory. 

If either party to an interference fail to file a statement, or if 
the statement of either party fail to overcome the prima facie 
case made b}^ the respective dates of application, the other may 
demand an immediate adjudication of the case upon the record. 

Where there are more than two parties to the interference, 
and any of them fail to file their statements, judgment may be 
rendered upon the record as to such parties, and the interfer- 
ence w^ill proceed between the remaining parties. 

If any party to an interference fail to file a statement, no tes- 
timony will subsequently be received from him to prove that he 
made the invention at a date prior to his application. 

A time will be assigned in which the junior applicant shall 
complete his testimony in chief and a further time in which the 
other party shall complete the testimony on his side, and a 
further time in which the junior applicant may take rebutting 
testimony, but shall take no other. If there be more than two 
parties, either patentees or applicants, the times for taking testi- 
mony will be so arranged, that each shall have an opportunity 
to prove his case against prior applicants and to rebut their 
evidence, and also to meet the evidence of junior applicants. 

If either party fail to take his testimony within the time 
assigned to him, all junior applicants having duly taken theirs, 
the case may, on motion duly made and served on such party, 
be set for hearing at any time not less than ten days after the 
hearing of the motion. 

A second interference will not be declared upon a new appli- 
cation on the same invention filed by either party, nor will a de- 
cision be set aside after j udgment, except in accordance with 
the principles governing the granting of new trials. 



34 



When a part only of the claims of an application are involved 
in an interference, the applicant may withdraw from his appli- 
cation the claims adjudged not to interfere, and file a new appli- 
cation therefor, if the application can he legitimately divided, 
and if no more of the devices claimed in one is shown or de- 
scribed in the other than is necessary to an intelligent under- 
standing of the invention claimed in the latter: Provided, 
That no claim shall be made in the second application broad 
enough to include matter claimed in the first application as 
amended. 

APPEALS. 

Every applicant for a patent or the reissue of a patent, any 
of the claims of whose application have been twice rejected 
upon grounds involving the merits of the invention, such as lack 
of novelty or utility, abandonment, public use, or want of iden- 
tity of invention either in amended or in reissue applications, 
may appeal from the decision of the primary examiner to the 
board of examiners-in-chief. The appeal must be made in 
writing, signed by the party, or his duly authorized agent or 
attorney, setting forth the points of the decision upon which the 
appeal is taken and duly filed. 

There must be two rejections of the claims as originally filed, 
or, if amended in matter of substance, of the amended claims, 
and all the claims must be passed upon, and all preliminary and 
intermediate questions relating to matters not affecting the 
merits of the invention settled, before the case is appealed to 
the examiners-in-chief. 

Upon the filing of the appeal the same shall be submitted to 
the primary examiner, who, if he finds the appeal to be regu- 
lar in form, shall furnish the examiners-in-chief with a written 
statement of the grounds of his decision on all the points involved 
in the appeal, with copies of the rejected claims, and with the 
references applicable thereto. If the primary examiner shall 
decide that the appeal is not regular in form, an appeal from 
such decision may be taken directly to the Commissioner. 



35 



-•HI 



From the adverse decision of the hoard of examiners-in-chief 
appeal may he taken to the Commissioner in person. 

From the adverse decision of the Commissioner upon the 
claims of an application an appeal maybe taken to the Supreme 
Court of the District of Columbia sitting in banc. 

PATENT LAW. 

When, during the prosecution of an application before the 
Patent Office, any issue arises in which legal counsel is required, 
such counsel is always given. We have special arrangements 
with the best patent counsel in the country, who will attend to 
all patent causes which may arise within these Offices, relating 
either to patents or applications therefor. 

It has been our rule not to have our cases thrown from one 
hand to another, but to have all, even to legal suits, carried on 
under our supervision, and which is to the interest of our clients 
and ourselves. 

By having the necessary arrangements for carrying our ap- 
plications and patents through the Patent Office and Courts, our 
establishment becomes complete, and demands a continuance 
of the patronage it has so successfully held. 



36 



L 



This is a department of the establishment to which great care 
is given. While the United States is a large and profitable field 
for the development and operation of inventions, the inventors 
must not lose sight of the fact that across the water there are 
manufacturing countries which aiford also very advantageous 
fields for the introduction of new and useful inventions, and 
that patents can he obtained in foreign countries ; yet American 
inventors cannot be too cautious in engaging attorneys to 
obtain for them these Foreign Patents. 

There are many attorneys in this country, particularly the 
unscrupulous conthigent-fee men, who will deliberately obtain 
a Foreign Patent, when the time in which to obtain it has passed, 
and the patent when granted is valueless. 

Again, the papers are required to be specially prepared for 
the different countries. Take the British Patents for instance : 
a patent which is strong and properly prepared for this country 
is usually in that form, unfit for a British Patent. The Foreign 
Patents should be very ditferent documents from those issued in 
this country, if properly prepared. 

Again, we very often include several separate United States 
Patents in one English Patent, and thereby save the applicant 
much expense ; but to do this, it requires much care and good 
wording. 

As most of the foreign countries grant patents without ex- 
amining them, an inventor cannot be too careful in the agent 
he employs to draw up his papers. 

^ ^ , 

37 



We have agents in all the principal countries, who are among 
the most prominent firms in their respective countries. Our 
London House is the large and influential firm of Messrs. Has- 
ELTiNE, Lake & Co., Southampton Buildings. 

In the subsequent pages vs^ill be found very full information 
regarding Foreign Patents, and the requirements to obtain 
tbem, their life, and what is necessary to keep them in life. 

Any questions not answered in these pages, will be cheerfully 
answered to any one putting the interrogatories to us, either 
personally or by mail. 



AUSTRO-HUNGARIAN EMPIRE. 

Patents are granted to subjects or aliens, without examination 
as to utility or novelty, for the term of fifteen years, or during 
the continuance of prior foreign grants. 

Applications may be made for a shorter period, before the ex- 
piration of which the grant may be prolonged by petition and 
on production of the l*atent upon which such prolongation is 
confirmed. 

Yalid grants can only be obtained by aliens if they are the 
original Patentees or Assigns in another country, and then only 
if the invention has not been worked in the Empire, and on 
production of the original prior toYQign gra?it (not specification) 
or a certified copy of the same. 

Even under these conditions proof is required that the grant 
upon which the Austrian application is based has not been per- 
mitted to lapse by non-payment of taxes or from other causes. 

The day and hour of application settle the priority of the 
alleged invention, but the exclusive privileges begin from the 
date of grant or delivery of Letters-Patent. 

The invention must be worked within one year from the date 
of grant, and working must not be discontinued for any two 
entire consecutive years. This rule is strictly enforced, and at 
least one practical machine must be manufactured and worked 
in the Empire within the year. In case the invention is a 



38 



t 



process, then such process must be fully carried out within the 
specified time. 

All complete or partial assignments (duljMegalized), together 
with the Letters-Patent, must he submitted to the Minister of 
Commerce or Trades: such assignments are confirmed either 
upon the Letters-Patent themselves, or by a special certificate 
in case of only a partial transfer. 

Aliens desiring to make application for Letters-Patent must 
sign a Power of Attorney and have their signature certified to 
by the Austrian Consul. 

Government and municipal taxes are as follows : In the first 
five years they amount to about $15 (in gold) every year. From 
the fifth to the tenth years they increase at the rate of about 
^2.50 (gold) every year. After the tenth year the tax increases 
at the rate of about $5 (gold) per year. 

7'rade i/a^^A-.s.— Austria registers trade marks, and unless 
registered they are Invalid. 

From 1200 to 1300 Patents are granted annually. 

BELGIUM. 

Letters-Patent (of Invention) are granted for twenty years, 
but if there are prior foreign grants the duration of the Patent 
(of Impoitation in this case) is limited to the nominal life of 
such prior grant. Patents of Improvement may also be obtained 
for minor alterations or modifications of the .invention. Such 
Patents of Improvement are taken as forming part of the 
original Patent with which they expire. All grants are made 
without examination as to the novelty or merit of the invention, 
and the Patent dates as of the date of application. 

The tax for the second year is about ^4 (gold), and there is 
a $2 (gold) annually increasing tax upon Patents of Invention 
or Importation. Patents of Improvement are not liable to any 
annual tax. 

The law does not prohibit the Patentee from importing from 
abroad the patented article, but requires that the invention shall 
b^ worked in Belgium within one year of its being worked in 

> ■ — ■■ — =— _™_ _ : ^^ . . 4 

39 



any other country ; and working must not be discontinued for 
any one year while the invention is being worked abroad. 

Prolongation of the time for working may often be secured. 

Assignments may be made and registered. The vendor 
guarantees the validity of the title to the Patent, and except 
there is a special clause to the contrary in the assignment the 
purchaser can compel the vendor to refund the purchase money 
should the patent be proved invalid. 

Agents require a Power of Attorney, but legalization of the 
signature thereto is not necessary. 

About 2700 applications are filed annually. 

Trade Marks can be registered in Belgium. 

CANADA. 

Patents are granted to the inventor for five, ten or fifteen 
years, the usual practice being to apply for a five-year Patent, 
and extend it. If the invention or article sought to be patented 
has been on sale or in public use in Canada for one year prior 
to application, with the knowledge or consent of the inventor, 
or if there are foreign Patents that have been in existence for 
one year prior to the application being made, the inventor is 
not entitled to a Patent. In the case of prior foreign grants the 
Canadian Patent falls at the earliest time at which any such 
prior grant for the same invention exi^ires. 

The applicant is required to make oath (or affirmation) that 
he verily believes himself to be the first and true inventor, and 
that the several allegations in the Petition are true. 

A model of the invention is required (when capable of illus- 
tration in tliat manner), the longest side of which must not 
exceed 18 inches. In case the Invention is for a " compound," 
samples of the various ingredients are demanded. 

x^LSsignments of entire or partial interests may be made before 
or after the application has been filed. 

When any Patent is deemed defective, by reason of insuffi- 
cient description or specification, or by reason of the Patentee 
I claiming too much, and it appears that this has occurred through 

T , 

-»-♦ — ^ — * 

I 40 



inadvertence, accident, or mistake, a reissue of the Patent may 
be obtained, in accordance with the amended specification ; or 
when the claims are too broad, a disclaimer may be filed. 

If the Patentee or his assigns have not commenced within two 
years and thereafter do not continuously carry on the construc- 
tion or manufacture of the invention in such a manner that any 
person desiring to use it may obtain it or cause it to be made for 
him ''at a reasonable price " at some manufactory or establish- 
ment in Canada, any citizen can demand a license to use the 
patented invention on the payment of a fair royalty. When 
for reasons beyond the control of the Patentee or his assigns the 
Patent cannot be worked within the two-year term, an exten- 
sion of the time for working may be obtained, if application be 
made at least three months before the expiration of the said 
two years. 

The Patent also becomes null and void if after twelve months 
from the date thereof the patentee or his assigns imports or 
knowingly permits others to import into Canada the invention 
or article for which Letters-Patent have been granted. 

When the nature of the invention permits, the words 
"Patented 1880 " (or whatever the year of the Patent may be) 
must be marked, engraved, labelled or otherwise affixed to each 
article, or package containing such article. 

The specification, oath, petition and drawings, should be 
signed by the inventor. There are about 1500 Patents granted 
annually. 

DENMARK. 

There are no special Patent Laws, but those who wish to 
enjoy a monopoly of their inventions in this country, may 
obtain Royal Letters-Patent under signature of the King. The 
duration of said Patent is arbitrarily fixed by the Government 
for a term of between three and fifteen years, according to the 
importance of the invention. 

Patents only give protection against manufacturing in Den- 
mark, and importers are not infringers. 



41 



The invention must be worked either by manufacturing or 
by importation witliinone year from the date of the Patent, and 
continuously thereafter. 

Agents require a Power of Attorney, the signature to whicli 
requires to be legalized by Danish Consul. 

FRANCE. 

Patents are granted without examination as to novelty or 
originality, and are subject to an annual tax of about |20 (gold). 
The duration of the grant is limited to fifteen years, or to that 
of a prior foreign Patent. If the application be properly pre- 
pared grants are never refused, except for Pliarmaceutical 
compositions, which remain subject to the decree of 1810, but 
prior publication, abroad even, kills the validity of the Patent, 
if ever contested in a Court of Law and such prior publication 
proved. 

The French Law absolutely prohibits the importation from 
abroad, by, or with the knowledge and consent of the Patentee 
or his assigns, of articles for which Letters-Patent have been 
granted. This rule is only modified in cases where, by special 
permission, the Minister of Agriculture and Commerce author- 
izes the introduction of a single foreign manufactured article as 
a "model." The grant is also liable to be cancelled if the 
Patentee does not work his invention in France within two 
years from the date of grant, or ceases to work it for any two 
consecutive years thereafter. 

Certificates of addition are granted, corresponding to the 
Belgian Patents of Improvement, and like them are subject to 
no annual tax, so long as the tax be paid on the original Patent 
with which they expire. 

Any person marking or describing his invention as Patented 
(Brevete) without adding the words, " without guarantee of the 
Government," (sans garantie du Gouvernement,) is liable to be 
fined in a sum of from oO to 1000 francs. 

Assignments may be made, but only on payment of the 
Patent taxes for the entire term granted, and all assignments to 
be valid against third parties should be registered. 

^ __ » 

42 



As in Belj[>iimi, the vendor of a Patent guarantees its validity, 
and can be held liable for the return of the purchase money 
should the grant prove invalid. 

Agents require a Power of Attorney in French, but the signa- 
ture need not be certified. The applicant however should write 
the words "Bon pour pourvoir," above his signature. 

About 7000 Patents and certificates of addition are secured 
annually. 

Trade Marks are registered for a term of fifteen years. 

GERMAN EMPIRE. 

Patents for the maximum duration of fifteen years are granted 
for new inventions, (except for articles of food, drink or medi- 
cine,) to the first applicant, who is deemed to be the inventor. 

No invention is considered " new "if it has been described in 
publications or been publicly worked in Germany, so as to 
admit of its use by persons skilled in the art to which the inven- 
tion pertains. 

Patents do not effect apparatus in Ships, Locomotives or Rail- 
way Carriages, whose sojourn in the country is only temporary. 

Patents of Improvement are granted ; they expire with the 
original Patent, and are not subject to annual taxes. Applica- 
tions which have received provisional protection are published 
once in the Reichsanzeiger, in brief, and during eight weeks 
after such publication, the Patent is open to opposition on the 
ground that it is not new, or that "the essential part of the appli- 
" cation w^as taken from the descriptions, drawings, models, 
" implements, apparatus or process adopted by another person 
' ' without his consent. ' ' 

There is no prohibition of importation of the Patented article 
as in France, but the Patent will be cancelled at the end of 
three years, if the Patentee omits to work his invention in 
Germany to an adequate extent, or to do all that is required to 
secure such working. 

At the beginning of the second year, Patents (with the excep- 
tion of Patents of addition) are subject to a tax of $12.50 (gold) ; 



43 



1 ' 



for the third year $25 (gold) ; and thereafter to a tax increas- 
ing by $12.50 (gold) annually. 

Patents will be cancelled if these taxes be not paid within at 
least three months of the date upon which they are due. 

When an application for a patent is on firearms a model is 
required. 

Persons not residing in Germany, must give a Power of Attor- 
ney, authorizing their agent to prosecute the application and to 
sign the necessary papers. The signature to this Power does 
not require certification. 

In the two years that have elapsed since the passing of the 
Imperial Patent Law, about 7000 grants have been secured. 

Trade Marks can be registered and protected for ten years. 

GREAT BRITAIN. 

Patents are granted for fourteen years from the date of appli- 
cation and may occasionally be prolonged in case the Invention 
is of great importance and the Patentee or his assigns have not 
received what is deemed to be sufficient remuneration. 

The first person to introduce a new Invention into the United 
Kingdom is considered "the true and first inventor," whether 
he be the 'actual ' inventor or not, "and except fraud can be 
clearly proved he (?an, on this point, hold the Patent against all 
comers." 

There is no examination as to originality and but few appli- 
cations are rejected, the applicant in case of attack being left to 
defend the novelty and orighiality of his invention in court of 
law. Application should be made prior to the publication of 
the Invention, even by prior foreign Patent specifications. 

There are no restrictions as to importation or working of the 
patented article. 

Disclaimers may be filed, but this is usually a costly proceed- 
ing and seldom resorted to. 

It is usual on application to file merely a provisional specifica- 
tion setting forth the general character of the invention, but 
omitting its minor details, as from the result of experiment it 



44 



may be desirable to modify these to some extent during tlie six 
months granted by provisional protection. The final specifica- 
tion may be filed at first but this course is not desirable. 

Provisional Protection having been accorded to the invention^ 
it may be publicly worked or the article sold, but no action for 
infringement can be taken or registered sale of the invention 
made, until the Letters-Patent have been secured. We there- 
fore come to the second or Notice to Proceed stage. This notice 
may be given as soon as Provisional Protection has been adver- 
tised in the " Commissioner of Patent's Journal " or it may be 
given at any time thereafter within four months from the date 
of the application. The fact that ''Notice to Proceed" has 
been given, is advertised once and any opposition to the grant 
of the Patent should be entered at the Patent Office within 
twenty-one days from the date of the "Journal " in which such 
notice appears. 

Opponents can get no information from the Patent Office as 
to the contents of the opposed's Specification, the title of the 
invention and the name of the applicant being their only guide. 

The twenty-one days.having expired and no opposition having 
been entered, we come to the third or Warrant and Seal stage- 
Application for the preparation of the Warrant and Seal must 
be made at least twenty-one days before the expiration of the 
six months covered by Provisional Protection. The Patent 
itself having been now secured it may be sold and assigned and 
action for infringement under it may be commenced, but the 
grant becomes invalid unless before the expiration of Provi- 
sional Protection a full, clear and exact description of the inven- 
tion be filed. This is the fourth or "Final Specification'' 
stage, the papers for which require to be most carefully drawn, 
as on them the "claims" are based. 

Nothing that was not clearly f oreshadow^ed in the Provisional 
should be claimed in the "Final," as it was upon the Invention 
as described in the Provisional Specification, that the Patent 
was granted. 

Patents date as of the day of application, and within three 
years from such date the Patent itself must be produced and 



45 



4- 



stamped with a £50 stamp. At or before the expiration of the 
seventh year tliere is a further tax of £100 and this too must 
be stamped on the Patent. 

A Bill now before Parliament provides for considerable 
reduction of the stamp duties in the earlier stages and the 
extension of the possible duration of a Patent to twenty-one 
years. The Bill not being likely to pass in its present form, 
the details of it are not given. 

Powers of Attorney are not required by Agents, as applica- 
tion can be made for a Patent upon an invention ' ' which has 
been communicated." 

About 5000 applications are filed annually. 

Useful Designs.— An article which has some peculiar shape, 
configuration or design which makes it useful, can be registered 
for a term of three years. 

Trade Marks. — May be registered for a term of fourteen years 
by aliens or residents. 

Ornamental Designs. — The term of registration varies with the 
class of goods. 

GREECE. 

Patents are only granted by special Acts of the Chamber. 

HOLLAND. 

Patents are not granted. 

ITALY. 

A new invention, or discovery, although patented abroad, 
and published pursuant to the provisions of Foreign legislation, 
confers on its author, or his assigns, the right of obtaining a 
Patent in Italy, provided application be made before the expira- 
tion of the prior foreign Patent, and before other parties have 
freely imported and worked the invention in the kingdom. 

Medicines are not patentable. 

^6 



The duration of a Patent is limited to fifteen years, or tlie 
longest term (not exceeding fifteen years) granted under prior 
foreign applications. 

Certificates of addition are granted as in France and Belgium. 

The Patent dates as of the last day of March, June, Septem- 
ber or December, whichever next follows the date of applica" 
tion. 

During the first six months of the life of the Patent, disclaim- 
ers maybe filed, the parts so disclaimed being deemed as having 
never been comprehended in the Patent. 

Taxes.— The annual tax for the second and third years 
amounts to about $11 (gold); from the fourth to sixth years 
about :i?15 (gold); from the seventh to ninth years about $20 
(gold); from the thirteenth to fifteenth $30 (gold). There is 
also an additional tax of small amount, for each extension of 
term asked for. 

The usual practice is to secure grants for three or six years. 
At the expiration of said terms, application may be made for a 
Certificate of Prolongation. 

A Patent ceases to be valid if the annual tax be not paid 
within three months of its becoming due. 

Patents granted for a term of five years or less, must be 
worked each year of the grant. 

Patents of a longer duration than five years, must be worked 
at least once in every two years. 

Prolongations for w^orking may occasionally be obtained. 

Assignments are invalid as regards third parties, unless 
registered at the Ministry, and partial assignments can only be 
registered on payment of the taxes due for the remainder of the 
term of the Patent. 

Agents require a Power of Attorney, (the ordinary French 
Power will do) and the signature requires to be certified by the 
Italian Consul. 

From 600 to 700 Patents are annually secured. 



47 



■i- 



■Ht-4-' 



NEW SOUTH WALES. 

Letters of Eegistration, granting the same privileges and 
riglits as ordinary Letters-Patent, may be obtained for a period 
of not less than seven or more than fourteen years by the 
author or designer of an Invention, his agents or assigns. 

There is no prohibition as to importation from abroad of the 
patented article and working is not compulsory. 

Assignments may be made and should be registered. There 
are no annual or other taxes after the Patent is once secured. 

NEW ZEALAND. 

Letters-Patent are not granted to aliens who may have 
secured prior grants in other countries : however, upon produc- 
tion of a certified copy of a prior foreign Patent and statutory 
declarations that such prior Patent is still in force, and that the 
applicant is the bona fide holder of it. Letters of Registration 
may be obtained (granting the same rights as Letters-Patent) 
for the unexpired term of the prior foreign Patent. 

NORWAY. 

Patents are granted for a term not exceeding ten years, but 
expire with prior foreign Patent ; they are subject to no annual 
taxes, the only stipulation being that they shall be put into 
practical use in Korway within (usually) two years from their 
date. 

A legalized power is required. 

PORTUGAL. 

Patents are granted for a term not exceeding fifteen years. 
If there be prior foreign Patents the grant is limited, and expires 
with the first of such prior grants. Persons who are not the 
inventors may obtain Patents of Importation, the duration of 
which is limited to five years. This entitles them to the sole 
right of manufacturing in Portugal, "but does not establish the 



48 






exclusive right of importing maehiDes, utensils, instruments 

and other articles to which they relate." 

Patents must be worked within the first half of their duration, 
and the invention must thereafter be publicly worked at least 
twice a month, whilst in cases of Chemical Processes, $1000 
''caution money" must be deposited, and the process worked 
three times during the term of the Patent before the public. 

The Patentee who does not fulfil these conditions is liable to 
a heavy fine, imprisonment, and to the confiscation of the 
apparatus, or of the caution money. 

A certified power in Portugese is required. 

QUEENSLAND. 

The Law is similar to that of Kew South Wales, with the 
addition however, that provisional protection for six, with an 
extension to twelve months, may be obtained. 

RUSSIA. 

Patents of two kinds are granted. First, Patents of Inven- 
tion ; and second, Patents of Importation. 

Valid Patents of Invention may be obtained by the inventor 
or his legal assignee. Nevertheless, a mere importer may 
obtain a Patent of Invention, and his right to such grant can 
only be contested by the actual inventor. 

The duration of Patents of Invention are fixed at three, five 
and ten years. After issue of the Patent (and only occasionally 
before,) the term originally applied for cannot be extended. 

Protection in case of infringement dates as of day of appli- 
cation, while the duration of the Patent dates from the day of 
grant. As it takes twelve to eighteen months to put a Russian 
Patent through, this virtually prolongs the life of a Patent. 

There is no prohibition as to importation by the inventor of 
foreign made articles, but the Law requires that the invention 
should be w^orked once at least, during the first quarter of the 
duration of the grant. 



49 



I 






There is strict examination as to novelty and originality, and 
application should be made before publication of the specifica- 
tion in other countries, as applications are liable to rejection for 
want of novelty, originality or utility. 

Patents of Importation are granted for from one to six years. 
During the currency of foreign Patents, they have the same 
force as Patents of Invention, but are much more expensive in 
proportion to their duration. 

No Power of Attorney is required. 

SOUTH AUSTEALIA. 

By the 'Patent Act of 1877 the first or true inventor, or his 
assignee, may obtain Letters-Patent for fourteen years (with a 
possible further extension of seven years) for any new and 
useful Invention not publicly used or offered for sale within the 
province. In case of prior foreign grants the duration is 
limited to the earliest date at which the Patent in any such 
foreign country shall expire. 

Provisional Protection is granted for six months, during 
which time amendment and alterations may be made in the 
Specification. 

The filed Specification is open to inspection, and opposition 
to the grant may be entered during from one to three months, 
as the Commissioner may determine. 

" Keissues " may be obtained, as in the United States, and 
Disclaimers and Caveats may be filed. 

Patents are subject to a tax of £5 at the end of third and 
seventh years respectively. 

SPAIN. 

Patents give protection not only in the Peninsula and adja. 
cent islands, but also in the ultramarine provinces (Cuba, 
Porto Rico and the Philippines). Inventions first patented in 
Spain have a duration of twenty years. If patented first in 
some foreign country, application should be made within two 



50 



years from the date of such prior Patent, even then the grant 
may be limited to ten years on the petition of any interested 
party. 

Patents of Importation are granted to any person, who, with- 
out being the inventor, introduces a new industry in Spain. 

As in France, Belgium and Germany, Certificates of Add^ 
tion may be obtained. 

There is no restriction as to importation, but the Patent must 
be worked in Spain within two years from the date of grant 
and certified, and working must not thereafter be continuously 
interrupted for one year and a day. 

Tax on second year is 20 francs, and there is a small annually 
increasing tax of 10 francs. Infringers are liable to fine or 
imprisonment. 

A certified Power of Attorney in Spanish is required If in 
any other language there is the expense of official translation at 
Madrid. 

In 1877 only 142 grants were made, but since the Kew Law 
(30th July, 1878) has been promulgated, the number of applica- 
tions has rapidly increased. 

SWEDEN. 

The duration of a grant is never in excess of fifteen years, 
the term being arbitrarily fixed by the Board of Trade, from 
whose decision there is no appeal. 

The inventor alone can obtain a Patent. 

There is no restriction as to importation, but the Invention 
must be fully worked and operation certified in Sweden, within 
from one to four years from the date of grant, as the Board of 
Trade may decide, (the term usually being fixed at two years) 
and annually thereafter. 

A legalized Power of Attorney in Swedish is required. 

SWITZERLAND. 

There is no general Patent Law at the present time. 

» 

51 



*-J5- 



TASMANIA. 

Patents are granted for fourteen years, with a possible exten- 
sion of not over fourteen j^ears additional ''to the true and first 
Jnventor" for new Inventions. 

Provisional Protection is granted for the first six months, and 
during this time the law officer may allow or require the speci- 
fication to be amended. 

Kotice to Proceed and Warrant and Seal follow the receipt of 
Provisional Protection, the law following to a great extent that 
of Great Britain, upon which it is based. 

No prohibition as to importation. 

Tax of £15 at or before the expiration of the third year, and 
of £20 at or before the expiration of the seventh year. 

TURKEY. 

Patents are only allowed by special acts. 

VICTORIA. 

The Law is the same as that of Tasmania. About 100 appli- 
cations are granted annually. 

BRAZIL. 

The term of grant of a Patent is fixed by the Government, and 
varies from five to twenty years. 
A Patent must be worked within two years from delivery. 
If the invention is proved to be old, the Patent is void. 




52 



» i> 4 » « 



COPYRIGHTS, 



Any citizen or resident of the United States may obtain a 
copyright for a book, map, chart, dramatic or musical composi- 
tion, engraving, cut, print, photograjjh, or the description of 
the painting, drawing, chromo, statue, statuary, or model or 
design for a work of the fine arts. 

A printed copy of the title, etc. must be filed before the 
publication of the book or other article. 

Within ten days after the publication of each book or other 
article, two complete copies of the best edition issued must be 
filed in the Of&ce of the Librarian of Congress, at Washington. 

Any author may reserve the right to translate or to dramatize 
his own work. In this case notice should be given by printing 
the words "right of translation reserved," or ''all rights re- 
served " below the notice of copyright entry, and notifying the 
Librarian of Congress of such reservation, to be entered upon 
the record. 

Each copyright secures the exclusive right of publishing the 
book or article copyrighted for the term of twenty-eight years. 
Six months before the end of that time, the author or designer, 
or his widow or children, may secure a renewal for the further 
term of fourteen years, making forty-two in all. 



53 



^ 



The time within which any work copyrighted may be issued 
from the press is not limited by any law or regulation. A copy- 
right may be secured for a projected work as well as for a com- 
pleted one. 

Any copyright is assignable in law by any instrument of 
writing, but such assignment must be recorded in the Office of 
the Librarian of Congress within sixty days from its date. 

A copy of the record of any copyright entry can always be 
had under seal. 

In case of books published in more than one volume, or other 
articles in variation, a copyright must be taken out for each. 

To secure a copyright for a painting, statue, etc., so as to 
prevent infringement by copying, engraving or vending such 
design, a definite description must accompany the application, 
and a photograph (cabinet size) of same must be filed within 
ten days from the completion of the work. 

Every applicant must state distinctly the name and residence 
of the claimant, and whether the right is claimed as author, 
designer, or proprietor. 










54 i 



OUR FACILITIES 

AT OUR MAIN OFFICES, 

901 WALNUT STREET, PHILA., PA. 

For carrying on a large and perfect business in 

IMfRICtN UNO FORIIGN PmNTS. 



To carry on a large and successful Patent business, it is abso- 
lutely necessary that, in addition to a thorough knowledge of 
the arts and sciences, as set forth in the first part of this book, 
the attorney must have an establishment capable of affording 
him all the facilities whereby he can have the business quickly, 
beautifully, perfectly and thoroughly done. AVe have at con- 
siderable expense made this establishment very complete, as 
hereafter shown, and are adding to it continually. It often 
happens that a case brought to the Offices in the morning must 
be sent to the l^atent Office before the afternoon is over, and it 
is only by liaving these facilities that we can do this easily and 
without slighting the application. 

In addition to attending to business here, when a case re- 
quires our especial attention in Washington, and when our agent 
there cannot attend to it, we go without delay. 

In connection with our business liere, consultations can be 
had with K. B. Hunter in Cincinnati, K. J. O. Hunter and 
F. W.Hunter in Kansas City, and E. W. Hunter in Chicago. 



55 



THE BUSINESS OFFICE 

is that in which Mr. K. M. Hunter, M. E., C. E. can be consulted 
in relation to Patents, Engineering and Experting during his 
office hours, which are from 9 A. M. to 12 noon in the morning, 
and from 2 P. M. to 4 P. M. in the afternoon. In this Office 
the specifications are drawn up in rough, calculations made, 
machinery designed, and all letters and correspondence attended 
to. An Assistant will always he found on hand and in waiting 
when Mr. Hunter is absent, who will answer any questions 
relating to pending applications or others relating to the business. 

THE ENGROSSING DEPARTMENT 

is large and complete. There are several clerks always on hand 
who engross all specifications, assignments or other papers 
which have been prepared in rough in Mr. Hunter's Office. 
In this room are all duplicates of documents made, and corres- 
pondence, "letter-press " copied and filed. 

THE RECORD DEPARTMENT 

is very complete. In the files there, are kept in perfect record, 
all the cases before the Patent Office and all papers relating to 
Foreign applications. Each copy of application for a Patent is 
enclosed within a case, in company with a set of heliographic 
duplicates of the original drawings, with all the official letters 
received from the United States or Foreign Patent Offices, and 
upon the face of the case is recorded the name of the inventor, 
his place of residence, his invention, the serial number of his 
case, the date of filing, all the dates of rejection and amend- 
ment in their proper order, and when tlie case is allowed, the 
date of allowance, and upon issue of the patent, the date of 
receipt, its number and date of issue ; all communications from 
the Patent Office are recorded in red ink, and those sent from 
our Offices in black, to distinguish. By this system it is easily 
seen at a glance how the case stands and the dates of action. 
Here we also keep copies of all patents taken out by us. 



T<. T 



a 



DRAUGHTING DEPARTMENT 



In our Draughting Department we have conveniences for 
making drawings from one square inch to a thousand square feet. 
It is here that the finest drawings sent to the Patent Office are 
prepared. It is here that machinery is designed and working 
drawings made. When an inventor has obtained his patent, he 
can have large working drawings made from which to build his 
machine. We have drawing-tables constructed after our own 
especial design, whereby we are enabled to prepare drawings at 
short notice, owing to the facilities obtained by the peculiar 
movements to the table. We make a Specialty of large Perspec- 
tive Drawings of Machines, etc., and for finely executed draw- 
ings, WE ARE OPEN TO COMPETITION WITH THE WORLD. 

TESTIMONY DEPARTMENT. 

Our Office in which we take Testimony, (and which is taken 
either in case of an interference in the Patent Office between 
two applications, or between a patent and an application, an 
application for an extension, or in case of infringements of 
patents or other legal cause, etc.) is large and spacious, and is 
well supplied with cases in which the testimony is kept and 
recorded. 

PHOTOGRAPHIC DEPARTMENT. 

Our instrument is the finest that can be made. This depart- 
ment is under the supervision of a thorough chemist and pho- 
tographer. Where speed is required in complicated drawings, it 
is advisable to make an albumen unfixed print of the intricate 
machine from which to trace our perspective. 

In experting, it often becomes convenient and necessary to 
make prints of various articles and machines, and use them in 
giving testimony. By a convenient change of the lenses, and 
use of a large and powerful microscope, we produce enlarged 
views of very minute objects, arising in legal issues. 

-r T. '\-' 



Again, it is very desirable in making applications for designs 
where several duplicate prints are required, and in many other 
ways it becomes very useful. 

MODEL VAULT. 

In our Fire-proof Model Vault, we file the models which 
require the strictest secrecy. In this Vault we have ample room 
to file away many hundreds of models, and under its shelter are 
continually stowed away from the sight of man, many valuable, 
beautiful and intricate models belonging to our clients. 

WORKING DEPARTMENT. 

This is a large, spacious and well-lighted room for tlie 
erection and operation of Full Sized Machines. At present 
there is erected a full sized Harvesting and Grrahi-binding 
Machine, which is all in complete working order. It is needless 
for us to remark how needful this is in many cases of complicated 
mechanism, and particularly where the inventor of the machine 
is in interference with that of another, and testimony is required. 
We find this department very useful, and fully appreciated by 
our clients who have the free use of it to better their interests 
with us. 

HELIOCRAPHIC DEPARTMENT. 

In our Heliographic Department, through the aid of 
chemistry and the actinic rays of the sun, etc., we are enabled to 
reproduce and print many copies from the original drawings, for 
record and subsequent use in amending, arguing, appealing or 
interference. It is a department which aids us very materially 
in prosecuting a case before the Patent Office, and one which 
we would not do without at any price. 

We furnish heliographic prints of the application drawings to 
inventors at a small cost, when desired. 



Ts 7^ 



GELATINOUS 
PRINTING DEPARTMENT. 

In this department our Gelatinous Printing is performed. 
The compounds used are manufactured for us, and are especially 
prepared for particular uses. 

With the old method of writing in copying ink and then taking 
a press copy, the number of copies of a specification were very 
limited. By our Gelatinous printing we are enabled very 
quickly to produce 20 to 30 copies, exact fac-similes of the 
original writing, all on legal cap, and in ink, as if each copy had 
been the original. It is also very useful in producing a quantity 
of rough drawings, assignments, agreements, or other legal 
documents at short notice. We would not be without this useful 
department. 

OFFICIAL PRINTED BLANK FILES. 

In these Files are kept al] the necessary printed blanks for 
carrying on a Patent business from our own Offices, through the 
Patent Office and Courts. • Here also are filed the various assign- 
ments used before, during, and after the issue of the patent. 
Here w^e have filed on the various shelves, thousands of copies 
of dozens of different blanks. To carry on a business with 
facility and no loss of time, w^e find it is very advisable to have 
printed blanks, which we fill up as the case requires, to form a 
petition, oath, agreement, argument, appeal, application, notice, 
etc., as the business demands. 

LIBRARY. 

In connection with these Offices we have a very complete set 
of Patent Office Reports and Patent Office Official Gazettes, con- 
taining every patent which has been issued in tlie United States. 
Our LiBKARY also includes many standard works on Patent 
Law. In addition to these we have a library of Standard Engi- 
neering and Scientific Works and Digests, which are always of 
great value in examining into the state of the art. 



59 



Having made a specialty of Harvesting and Binding Machines, 
v^e have complete files of copies of all patents which are issued 
relating to harvesting and binding machinery, or any agricul- 
tural implements. 

COPIES OF PATENTS. 

Whenever an application was rejected, we have invariably 
ordered copies of the patents of the references cited, consequently 
we have been continually adding to these copies until we have 
very complete records of the Patents issued. Every day makes 
this department more and more complete. Its advantage is 
readily seen by an observing inventor, who perceives at once 
that if a reference is given to a claim in his application, that 
instead of examining the OfBce Keports, which only gives the 
claim and one view of the drawings, we examine the fac-simile 
copy of the original patent, with full specifications, claims and 
drawings whereby we can more readily see the value of the 
reference, and its pertinency to our claim. An inventor cannot 
over-estimate the value of this department. 

SHORT HAND. 

We have engaged, in connection with our Offices, a Sten- 
ographer or short hand writer, the value of whose services, it is 
needless for us to remark. Where speed is required, the 
employment of short hand is of the utmost value. 






60 




PLANS, 
SECTIONS, 

ELEVATIONS 

AND 

PERSPECTIVE DRAWINGS 








BOILERS, 
-^,,>^ ENGINES, 
■^ /^^^ MILLS, 

ETC., ETC. 




RUDOLPH M. HUNTER, 

M. E.,C. E. 

901 WALNUT STREET, 

PHILADELPHIA, PA. 



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62 



-l>-^ 



INDEX 



PAGE. 

Abandoned Applications 21 

Amendments, Etc 19 

Appeals 35 

Application for Patents 11 

Application before the Patent Office 19 

Assignments 31 

Attorneys 8 

AusTRO -Hungarian Patent 38 

Belgium Patent 39 

Blast Furnaces 37 and 62 

Brazilian Patent. 52 

Business Office 56 

Canadian Patent 40 

Caveats 22 

Claims I.13 

Contingent Fee 9 

Copies of Patents 29 and 60 

Copyright for Books, Engraving, Etc 53 

Danish Patent 41 

Date of Patent 20 

Delivery of Patent 21 

Design Patents 24 

Designing Machinery, Etc 61 and 62 

Draughting 14 and 61 

Draughting Department 57 

Drawings for Patent 14 

Duration of Patent 20 

Engineering 5 

English Patent 44 

Engrossing Department 56 

Expert Practice 6 

Extensions i 22 

Facilities for Carrying on Patent Business 55 

Foreign Patents 37 

Forfeited Applications 21 

Form of Patent 20 

French Patent 42 

Gelatinous Printing Department 59 

German Patent 43 



63 



Great Britain (Patent) 44 

Grecian Patent 4G 

Heliographic Department 58 

Holland (Patent) 46 

Illustrations 5, 14, 37 and 62 

Interferences 32 

Inventors lo 

Iron and Steel 62 

Italian Patent 46 

Labels 27 

Library « 59 

Models , ...17 

Model Yault 58 

New South Wales Patent 48 

New Zealand (Patent) 48 

Norway (Patent) 48 

Oath 14 

Official Blank Files 59 

Prints, Labels, Etc 27 

Patent Law 36 

Perspective Drawings 14*and 61 

Photographic Department 57 

Portugese Patent... 48 

Preliminary Examinations 7 

Queensland (Patent) 49 

Kecord Department 56 

Eegistration of Prints and Labels 27 

Keissues 29 

Rejection 19 

Rolling Mills 62 

Renewed Applications 21 

Russian Patent 49 

Search -. 7 

Short Hand 60 

South Australian Patent 50 

Spanish Patent 50 

Specimens 18 

Specification 11 

Swedish Patent 51 

Switzerland (Patent) 51 

Tasmania (Patent) 52 

Testimony Department 57 

Trade Marks 25 

Turkish Patent 52 

Victorian Patent 52 

Who May Obtain a Patent 10 

Working Department 58 

Working Drawings 61 and 62 

^t 

64 I 



LIBRARY OF CONGRESS 




